20010216 Ver 1_Complete File_20010213

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February 22, 2001
Warren County
DWQ Project #: 010216
APPROVAL OF 401 Quality Certification and ADDITIONAL CONDITIONS and Tar-Pamlico River
Mr. Chris Murray, NCDOT
Environmental Officer
2612 North Duke Street
Durham, NC 27704
Dear Mr. Murray:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 115 linear feet of streams, for the
purpose of replacing bridge # 11 on SR 1629 over Maple Branch, as you described in your application dated February 12, 2001. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3250. This certification allows you to use Nationwide
Permit Number 13 when the Corps of Engineers issues it. This approval is also valid for the Tar-Pamlico River buffer rules (15A NCAC 2B .0259). In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified In the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you
must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. An additional condition is that stormwater shall be directed to sheefflow at non-erosive velocities through the protected stream buffers.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please
telephone John Dorney at 919-733-9646.
Sincere)
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Raleigh Division of Land Resources
AM E~?n
Y.
Stevens
Michael F. Easley
Governor
Sherri Evans-Stanton, Acting Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
Wetlands/401 Unit: [phone]
Fax: [phone]
too? C
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Michael F. Easely
GOVERNOR
February 12, 2001
North Carolina Division of Water Quality
Wetlands/401 Unit
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
Attention: Mr. John Dorney
Supervisor
Lyndo Tippett
SECRETARY
Subject: Proposed replacement of Bridge No. 111 over Maple Branch on SR 1629
in Warren County.
Reference: USACE Permit Application (January 16, 2001).
The North Carolina Department of Transportation (NCDOT) applied for
applicable permits associated with the replacement of Bridge No. 111 over Maple Branch
on SR 1629 in Warren County in a letter to the U. S. Army Corps of Engineers (USACE)
on January 16, 2001 (note: a copy of this letter was forwarded to the N.C. Division of
Water Quality (NCDWQ) on the same day). Specifically, the NCDOT requested
authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank
stabilization associated with this project. Notification for the use of this NWP to the
USACE is required for this project, as the federally protected dwarf wedgemussel
(Alasmidonta heterodon) has been observed in the vicinity of the project. The Section
401 Water Quality Certificate (WQC) No. 3258 (which corresponds to NWP 13) does not
require written application or approval from the NCDWQ as NCDOT intends to comply
with conditions for the WQC. The purpose of this letter is to provide additional
information to the NCDWQ concerning riparian buffer impacts associated with the
project.
Project History
In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren
County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy
rains, the structure washed out and fell into Maple Branch. A population of dwarf
wedgemussel, a federally protected species, had been documented within the vicinity of
Bridge No. 111. On October 22, 1999, representatives from the NCDOT, U.S. Fish and
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission
(NCWRC) met at-the bridge site to discuss the removal and replacement of the structure.
It was decided to remove the bridge from the creek as soon as possible. A bridge debris
removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not
Likely to Adversely Affect determination for the bridge debris removal was proposed by
NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge
debris removal project is not likely to adversely affect any Federally-listed species, their
formally designated critical habitat, or species currently proposed for Federal listing
under the Endangered Species Act (ESA). Bridge No. 111 was removed on December
12-13, 1999. Representatives from NCWRC and NCDOT Project Development and
Environmental Analysis Branch were present and observed no damage to downstream
habitat as a result of the removal. The NCDOT proposes to pave SR 1629 and replace
Bridge No. 111 (Figure 1).
Impacts to Waters of the United States
The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in
Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage
Classification of Class C NSW.
Proposed Project
The timber abutment on the south bank of Maple Branch has washed out over the
last summer. Currently, this timber abutment is located on the creek bank and is partially
submerged in Maple Branch. The NCDOT proposes to remove this abutment using an
excavator that is stationed on the roadbed. A turbidity curtain will be placed around the
partially submerged timber before removal.
The NCDOT proposes to construct a 3-span (consisting of 1 @ 25 foot, 1 @ 50
foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross
Maple Creek from high ground to high ground as pile bents will be driven into the non-
jurisdictional floodplain on each side of the creek. Deck drains are not located over
Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains
located on the end spans above the floodplain. Class 2 rip rap will be placed under and
adjacent to the end spans.
Additionally, the NCDOT proposes to slope the creek bank, place a silt fence
along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed
under and adjacent to the end spans and along the creek bank will catch and filter runoff
from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be
placed along the south creek bank and approximately 60 feet of rip rap will be placed
along the north creek bank.
Federally Protected Species
The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111
over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill
obligations under Section 7 of the ESA and to address project-related concerns with
respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of
the project will reduce existing impacts to the aquatic ecosystem and the dwarf
wedgemussel population. The adherence to proposed design and practicable Best
Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water
(HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and
protocols to conserve the habitat of federally protected mussels during bridge
replacement will eliminate any potential adverse impacts to the dwarf wedgemussel
population during construction. The NCDOT has concluded that project construction is
not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of
the Biological Assessment to the USFWS on January 16, 2001 and requested a
concurrence of our findings.
Riparian Buffer Impacts
This project was discussed in a meeting with John Hennessy and Todd St. John of
the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a
transportation facility within the riparian buffer as of July 22, 1997. This project is being
constructed within the footprint of the existing use. Level spreaders will be constructed
where the roadside ditches terminate outside of the 50 foot riparian buffer. The level
spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These
structures will allow the runoff from the ditches to be converted to diffuse flow and
restrict sediment and nutrient input into Maple Branch. It was incorrectly determined
in the USACE permit application dated January 16, 2001 that the project is exempt
from the rule.
Construction of the project will result in the placement of 55 feet of rip rap along
the south creek bank and 60 feet of rip rap along the north creek bank. Rip rap will also
be placed under and adjacent to the end spans to filter runoff from the project (See Figure
2). Based on the impacts to the riparian buffer at this site, it is now determined that
this crossing is allowable under Streambank Stabilization. The NCDOT is requesting
that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT
certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find
that there are no practical alternatives to the project) are met. The NCDOT requests an
Authorization Certificate for this project. Information supporting that there are no
practical alternatives for the issuance of this certification is summarized below:
• Improvements must be conducted at the site to provide for adequate safety for
vehicular traffic. The previous Bridge No. 111 was washed out after Hurricane
Floyd. The construction of the project will re-establish this travel corridor.
• The fill slopes have been reduced to 2:1.
• The adherence to proposed design and practicable Best Management Practices
(BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion
Control Guidelines, Design Standards in Sensitive Watersheds and protocols to
conserve the habitat of federally protected mussels during bridge replacement will
eliminate any potential adverse impacts to the dwarf wedgemussel population during
construction and reduce impacts to the Maple Branch and the riparian buffer.
• The amount of rip rap placed along Maple Branch has been reduced to the minimum
amount necessary to provide adequate streambank stabilization.
Summary
The NCDOT proposes to remove a timber abutment that has washed out and is
partially submerged in Maple Branch with an excavator. A turbidity curtain will be
placed around the partially submerged timber abutment before excavation. Additionally,
NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve
construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will
stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be
placed along the south creek bank and approximately 60 feet of rip rap will be placed
along the north creek bank. The project is located in the Tar-Pamlico River Basin and is
subject to the Riparian Buffer Rule. Based on this re-evaluation of the impacts to the
riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the
NCDWQ complete a "no practicable alternatives" determination and subsequently issue
an Authorization Certificate for this project. A pre-construction notification is attached
with this request. If you have any questions or need additional information, please
contact me at [phone].
Sincerely,
C't _
Ch risher A. Murray, P.W.S.
Environmental Officer
cc: Scott Capps, P.E., NCDOT District Engineer, Henderson
DWQ ID: CORPS ACTION ID: 200120024
PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR
RIPARIAN BUFFER IMPACTS
FOR: APPLICATION FOR NCDWQ RIPARIAN BUFFER AUTHORIZATION CERTIFICATION
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO: NC DIVISION OF
WATER QUALITY, ATTN: JOHN DORNEY, 2321 CRABTREE BLVD.,
RALEIGH, NC 27604. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5
2. MAILING ADDRESS: 2612 N. Duke Street
SUBDIVISION NAME
CITY: Durham STATE: NC ZIP CODE: 27704
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
SR 1629, Warren County
3. TELEPHONE NUMBER: (HOME) (WORK) [phone]
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Christopher A. Murray, Division 5 Environmental Officer
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Warren - NEAREST TOWN: Inez
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1629
6. IMPACTED OR NEAREST STREAM/RIVER: Maple Branch RIVER BASIN: Tar-Pamlico
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN:
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.0 acres
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER :
DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: See Cover Letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: Streambank stabilization (NWP 13).
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I I DRAWINGS ONLY)
Replacement of Bridge No. I I I over Maple Branch and streambank stabilization.
PURPOSE OF PROPOSED WORK: Replacement of Bridge No. 111 over Maple Branch and
streambank stabilization.
13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
No impacts to wetlands.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED:
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC
(STATE) LAND? YES ® NO ? (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ? NO
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single family, residential.
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
Replacement of Bridge No. 111
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